Breaking the Myth: Liability Insurance and Pet-Inclusive Multifamily Housing

Man in apartment complex dog park with three large dogs

By The Pet-Inclusive Housing Initiative 

Across the country, thousands of renters with dogs are denied housing because of one phrase that looms large for landlords: “Our insurance won’t allow certain breeds.”

At the Pet-Inclusive Housing Initiative (PIHI), we hear it all the time. Insurance is cited as a major reason for maintaining restrictive pet policies—especially those targeting specific breeds. However, when we delve into the details, we often find that miscommunication, outdated assumptions, and risk-averse industry norms are doing more harm than the actual policy language.

So let’s talk about liability insurance, dog breeds, and how housing providers can confidently say yes to more pets.

What Kind of Insurance Are We Talking About? 

In the context of multifamily housing, two types of insurance come into play:

1. Commercial Property and Landlord Insurance: These protect owners against losses related to the property itself (like fire or storm damage) and include liability coverage in case of injuries on the premises, including dog bites.

    2. Renters Insurance: Typically required by landlords, this covers the renter’s belongings and includes some liability coverage, but rarely extends to the landlord’s own exposure.

    Both forms can shape what landlords feel “allowed” to do in terms of pet policies—but the actual rules are often murky.

    This creates a situation where housing providers are enforcing breed bans without a legal or contractual requirement to do so. Worse, many haven’t actually read the fine details of their policy language—they’re relying on broker guidance that may be overly conservative.

    So Who’s Really Driving Breed Restrictions?

    Let’s break it down:

    • Carriers (insurance companies) underwrite the risk and define the actual policy terms.
    • Brokers act as advisors and intermediaries—interpreting what carriers might allow, and shaping policy choices.
    • Rental Housing Providers often take the broker’s word at face value, assuming breed bans are a legal necessity.

    In this chain, the broker’s advice becomes de facto policy—even when carriers might offer more flexible options.

    The Policy Landscape is Changing

    Several states have now prohibited insurers from making decisions based solely on dog breed, including:

    • Colorado (HB25-1207) – Effective Jan 1, 2026
    • Illinois (SB1672, HB1249) – Since 2022 and 2023, respectively
    • Nevada (SB166) – Effective Oct 1, 2025
    • New York (S4254) – Since 2021

    These laws protect renters and homeowners from breed-based discrimination in insurance underwriting. While most apply to homeowners and renters policies, they also signal growing pressure for change in commercial liability.

    What Housing Providers Are Doing Differently

    We spoke to several forward-thinking housing providers who have already dropped breed and size restrictions—and lived to tell the tale. What helped?

    • Reading the actual policy and realizing there were no breed exclusions.
    • Finding carriers and brokers open to breed-neutral underwriting.
    • Using tools like renter screening, pet profiles, and pet addenda to manage risk in innovative, inclusive ways.
    • Encouraging or requiring third-party pet liability insurance (from providers like XINSURANCE, Dean Insurance, or e-Premium) to cover dog-related damages.

    And the result? Fewer barriers, more happy renters, and no surge in claims.

    Why This Matters: Science vs. Stigma

    Breed bans are based on the idea that some dogs are more dangerous than others. But:

    • Visual breed identification is notoriously unreliable.
    • A landmark 2022 study confirmed that breed is not a reliable predictor of aggressive behavior.
    • Factors like training, environment, and individual temperament matter far more.

    As the ASPCA notes, using breed as a proxy for liability is scientifically invalid—and legally vulnerable.

    What You Can Do Now

    If you’re a housing provider:

    • Review your policy documents directly.
    • Ask your broker to present breed-neutral options.
    • Ask your carrier or broker about endorsements or risk mitigation options (e.g., renter-provided liability insurance, behavioral certification, pet addenda).
    • Consider third-party coverage or higher security deposits for peace of mind.

      If you’re a broker or insurer:

      • Stop defaulting to outdated breed lists.
      • Offer clear, behavior-based risk assessments.
      • Stay ahead of legal trends—change is coming.

      If you’re a policymaker or advocate:

      • Support legislation that eliminates breed-based underwriting.
      • Encourage transparency in insurance policy decisions related to housing.

      Final Thought: The Real Risk Is Exclusion

      Breed restrictions may feel like a safety measure—but they come at a steep cost. Families are torn apart. Shelters fill with large dogs. Renters are locked out of housing for reasons that have more to do with stigma than statistics.

      Insurance should protect people—not penalize them for loving a particular kind of dog.

      At PIHI, we’re committed to dismantling this barrier through research, dialogue, and action. Want to get involved? Reach out. We’re stronger—and safer—when everyone has a place to call home.

      Please note: The information does not constitute legal advice.